There is a rule for everything in California State Court civil litigation. A particular proceeding may be governed by the Code of Civil Procedure (“CCP”) or the California Rules of Court (“CRC”) or, as is often the case, both. Short forms may also be required. Failure to enforce a code, rule, or use of a required form can have serious consequences, including giving up the right to do what you were trying to do. That is why it is so important to use an up-to-date guide dedicated solely to California civil litigation.

The CRC dictates the required format of a particular document (the type of paper to be used, where on the page certain information must appear); the content of a particular document (statement of good faith, separate statement); time limitations within which to file and deliver a document (discovery court, motion court, notice of motion deadlines); how to calculate deadlines (how to count the days, extend the time depending on the service method, what to do when you arrive on a holiday) and much, much more.

A motion to compel more responses to discovery is a prime example. Drafting, filing, and serving a motion to require further responses and scheduling all associated deadlines requires strict adherence to dozens of requirements, including, at a minimum, the following:

  • CCP § 12c (effective 1/1/11) and CCP § 1005(b)) (to calculate the last day to notify the notification, opposition and reply)
  • CCP § 1013 or 1010.6 (to calculate the last day to file the motion)
  • CCP § 2023.040 (to seek monetary penalties)
  • CCP§ 2024.020 (to set hearing date before discovery motion deadline)
  • CCP § 2030.300 (to determine the time to file the motion, the reasons for filing the motion, the meeting and consultation requirement, possible sanctions against the party making the motion or the opposing party)
  • Government Code §70617(a) (to determine filing fee)
  • CRC, Rule 3.1110 (for general format)
  • CRC, Rule 3.1112 (for specific format of motions)
  • CRC, Rule 3.1113 (for specific memorandum format)
  • CRC Rule 3.1308 (to determine the court’s intent to adjudicate and what to do about it)
  • CRC, Rule 3.1345 (for specific format of discovery motions)

Assuming you find all the codes and rules, it’s not enough just to read them. They have to be digested, understood and combined… in the right order. Many, particularly those related to the computation of deadlines, are interrelated and must be applied at the right time.

here are some slightly deeper examples of the complexity involved in motions to compel more responses.

Deadline for Filing a Motion to Compel More Responses

It is essential to present the motion and have it heard within strict time limits. The motion to require more answers must be filed within 45 days of Service of response (CCP § 2030.300) To calculate that 45-day period, you need to understand when something is considered delivered. You need to know how to determine the day that is 45 days after responses are delivered, what to do if that day falls on a holiday, and, when responses are not hand-delivered, how many days to extend the deadline. This could vary from two short days to five days to ten days, depending on the method of service and, when served by mail, the location of the parties. Not only do these tasks require application of CCP §§ 12 and 1013 (or 1010.6 for electronic services) and possibly 12a, but you also need to be aware of all California state court holidays (there are three in addition to federal holidays). .

If the motion involves non-expert discovery, it must be heard no later than the 15th day prior to the initial trial date. (CCP § 2024.020(e)) If it is expert discovery, it must be heard no later than the tenth day prior to the initial trial date. (CPC § 2024.030)

Requirements common to regular motions

(one) realize – Once you have your court date, you must calculate the last day to serve your notice and moving papers. (CCP § 1005(b)) Notice must be given earlier if the documents are not delivered in person. Time extensions depend on service method. They vary a lot and are different enough from the extensions mentioned above to be dangerously confusing (2 days added in one scenario; 2 short days added in the other). Additionally, one must know how to count the days: backwards from the date of the hearing pursuant to the recently enacted CCP § 12c, beginning with the 16 judicial days.

(two) Format – The motion must meet the formatting requirements contained in CRC, Rules 3.1110 and 3.1112, for example, what must be in the title and below the title, what must be in the opening paragraph, the proper binding, the form of the exhibits, the required parts of a motion and what must be declared. The points and authorities memorandum must comply with CRC rule 3.1113 with respect to content, proper formatting of case citations, page limitations, and the inclusion of a table of contents and table of authorities where necessary.

Specific Formatting Requirements for Motions to Discover and/or Motions to Compel Additional Responses

If sanctions are requested, CCP § 2023.040 requires that the notification specify the identity of the person against whom the sanctions are requested and the type of sanction requested, that the motion be supported by the points and authorities, and that the facts be set forth in a declaration. supporting the amount of any monetary penalty.

A prerequisite to filing a motion to require further responses is a reasonable and good faith attempt to informally resolve the issues raised by the motion. The motion must include a “a declaration of good faith”, stating that the attempt was indeed made. (CPC § 2030.300)

All motions to demand further answers in California state court must include a separate statement in accordance with CRC Rule 3.1345, indicating the specific discovery request, the response given, the factual and legal reasons for requiring additional responses, etc.

Then there are the codes and standards that govern:

  • Telephone appearances: when they are available and how and when to request one
  • hearing fees
  • The Court’s Judgment Intent: Whether You Have to Appear at the Hearing or You Can Request an Appearance
  • Failure notice
  • Proposed orders and more

A misstep at any point may result in the motion being denied and the right to demand further responses waived.

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